Immigration Corner | I want to be with my dad
Dear Mr Bassie,
I am responsible for taking care of my father who is a British citizen and would like to remain in the United Kingdom. Although I am not a British national, could I take up residence there to cater to his needs?
In cases such as this, persons may be eligible to apply for a derivative residence card. A derivative residence card helps to prove that a person has the right to live and work in the United Kingdom.
Persons are eligible if they are living in the United Kingdom and they are one of the following: the primary caregiver of someone who has the right to live in the UK; the primary caregiver's child; the child of a former European Economic Area (EEA) worker and they are at school, college or university in the United Kingdom.
Being a 'primary caregiver' means that he/she is someone's main caregiver, or that he/she shares the responsibility with someone else, and that they are their direct relative or legal guardian. Direct relatives are parents; grandparents; spouses or civil partners; children, including adopted children but not step-children; or grandchildren.
Persons cannot apply if they are outside the United Kingdom, they would need to apply for an EEA family permit instead. It should be noted that there has been no change to the rights and status of European Union nationals in the United Kingdom, and United Kingdom nationals in the European Union, as a result of the referendum.
Persons should be aware that they do not have to get a derivative residence card, but it can help to re-enter the country quicker when returning from abroad; show employers that he/she is allowed to work in the United Kingdom; and show relevant authorities, for example the local council, that he/she is allowed to live in the United Kingdom.
The application fee is £65 and persons can continue living in the United Kingdom for as long as they are eligible. For example, persons may remain over there for as long as the person that is being cared for lives in the United Kingdom.
However, persons cannot count time spent in the United Kingdom with a derivative right of residence towards applying for permanent residence over there.
Persons should be aware that they cannot get a derivative residence card if they have permission to reside in the United Kingdom for another reason.
Persons are eligible for a derivative residence card if they are the primary caregiver of someone who would have to leave the United Kingdom if the primary caregiver left. The person being cared for must be one of the following: a British child who would have to leave the EEA if the caregiver left the United Kingdom; a British dependent adult who would have to leave the EEA if the caregiver left the United Kingdom; or a child from the EEA who is financially independent with full health insurance, that is known as being 'self-sufficient'.
Persons can also apply for a derivative residence card as the child of a primary caregiver if all of the following are true: the primary caregiver is eligible for a derivative residence card; he/she is under 18 years of age; the parent would be unable to continue living in the United Kingdom if he/she was required to leave.
With respect to making the actual application, persons should download and fill in the derivative residence card application form. The applicant should then send the completed form to the address on the form with the £65 fee and supporting documents.
- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: email@example.com